Part 7Public order and trespass

I163Common land: modifications

After section 62C of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 62) insert—

62DCommon land: modifications

1

In their application to common land sections 62A to 62C have effect with these modifications.

2

References to trespassing and trespassers have effect as if they were references to acts, and persons doing acts, which constitute—

a

a trespass as against the occupier, or

b

an infringement of the commoners' rights.

3

References to the occupier—

a

in the case of land to which the public has access, include the local authority and any commoner;

b

in any other case, include the commoners or any of them.

4

Subsection (1) does not—

a

require action by more than one occupier, or

b

constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier.

5

In this section “common land”, “commoner” and “the local authority” have the meanings given by section 61.